Are interns workers?

It seems that businesses should be very careful in the type of work that they delegate to interns as a recent tribunal (Ms Keri Hudson –v- TPG Web publishing Ltd (TPG) [2011]) held that due to the nature of the work carried out by the claimant she was a ‘worker’ therefore entitled to receive the national minimum wage.

The tribunal in this case heard how the claimant undertook editorial responsibilities without payment.

In the absence of an employment contact the tribunal were satisfied that there was an implied contractual duty on the basis the company had previously discussed remuneration with the claimant and the duties she carried out were of value to the company.

The moral of the case is take legal advice when considering hiring interns.